Day: July 17, 2014

I know many commenters here have sent me comments that were not for publication. I’m cool with that.

But, not publishing them fills up my comment thread, and I get confused. My bad.

So what I did is start sending them to the only none auto delete folder I have on WordPress. Spam.

Unfortunately, once I send a none-publishable comment to spam, all other comments by the same person are considered spam. Until I “unspam” a comment.

So, if you’ve sent me a comment and it disappears, but you know you sent me a none publishable comment, that might be the cause. Contact me on twitter, or assuming you have it, email, and I’ll fix it. I’ll “unspam” your comment, and you are golden.

I know, that makes me exactly what Schmalfeldt has claimed. His “mole” against Hoge. Let’s ignore that if I was his mole against Hoge, yesterday’s tweets would ensure that there would never be another mole. Ever. Since the alleged person I was helping not only exposed his mole, but left his mole high and dry, instead of taking the mole to the grave. (Hey Bill, try to get the section 230 identity of my post from me. I’ll happily spend months in jail protecting my source). Journalistic ethics and all that.

So, lets assume Bill get’s everything he claims. Hoge’s copyright suit is dismissed. Bill’s counterclaim suit goes forward. Yet on May 27th, Hoge announces his suit against Bill. On May 29th, Bill starts an 7 day auto delete on his twitter feed, which was central to his defense against Hoge, and pretty important to his counterclaim. Hoge is high and dry, with no copyright claim (again, we are talking hypothetical) yet Bill’s counterclaim goes forward. Let’s even assume after Bill’s epic fail with WordPress that WordPress breaks rank and gives up Kendler. Which after the amazingly bad place Bill put WordPress is doubtful. (Hey, why do you guys think Bill left the WordPress Platform for Wix? I mean really.)

Yet, I sank Hoge’s copyright claim. I’m the reason Bill’s counterclaim was saved. I’m the reason Bill is fighting in federal court for both Twitter (oh my god, let’s not go there. He’s so burned that bridge) and WordPress ( holy shit, did WordPress buy into Bill’s claim about NASA posts?) to identify Krendler. Now, let’s assume it’s moved past the copyright, and Bill is demanding payment for Section 230 protected comments from Hoge. (Really? I thought ACME law was better than that.) So Hoge has his case dismissed, and the counterclaim is going forward. We’ve reached discovery.

Now let us assume that there is evidence that Schmalfeldt knew by May 28th that a suit was filed, since that can be proven. Let’s assume that the suit that was filed was dismissed with prejudice, but the counterclaim went forward. Let’s also assume, because it is true, that the plaintiff in the counter claim waited two days to start deleting tweets on twitter, which was central to the initial suit. A full 5 days before his DMCA claim expired.

So, As Bill has said, his twitter deletions in this fanciful case is meaningless. But, the case isn’t over. He filed a counterclaim, with the full knowledge that he started deleting the tweets central to the original suit. Oops. Spoliation of evidence.

What could happen in that case? Any number of things, but none to the aide of Schmalfeldt. Best case, Schmaldfeldt’s clear deletion of evidence means that the presumption of negativity falls squarely on Schmalfeldt, which opens the door for Hoge and Krendler to pound Schmalfeldt in the counterclaim for everything and anything they can think of. And Schmalfeldts only defense is “Yes I deleted those tweets, and they were not in my favor.” Or the judge could be harsher. Such as summery judgement. Or worse.

Schmalfeldt is all shits and giggles right now, but that’s only because he doesn’t understand Section 230 and Spoliation of Evidence. Me? I’m the asshole who thought Hoge filed too soon. My rational thoughts became Bill’s mole, at best. (I have given Bill full leave to identify how I’m the mole. Instead of doing so, he just keeps calling me the mole. Why? Because he has nothing from me. Neither email or DM on Twitter.) Bill’s dive into deleting tweets after learning about Hoge’s lawsuit. Well, Bill. I think Kyle said it best. You need more pillows to cover your head.

One last word. What kind of jerk spent all day two days ago threatening to sue me for exposing his lies about deleting tweets, and spends all day yesterday claiming I’m his mole and he gladly deletes tweets? I submit to the internet, you’ve got two choices here. Believe me, or believe the guy that was proven to lie inside of 24 hours.

And with that, Goodnight, till tomorrow afternoon.

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